a person’s lineal descendants all the way down the line; children, grandchildren, great-grandchildren

12. Ancestors-

a person’s biological forebears all the way up the line; parents, grandparents, great-grandparents

13. Possessory Estate-

owner of a right to possess the land now, in the present

14. Future Interest-

owner of a right to possess land in the future

15. Fee Simple-

no inherent ending to ownership; owner can do whatever he pleases with the land

a. O to A and his heirs

16. Fee Tail-

subject to limitations on beneficiary; A cannot sell, give away, or bequeath the right to possession

a. O to A and the heirs of his body

17. Life Estate-

owner of a life estate has only the right to possess the property for his lifetime; does not pass to owner’s descendants

a. O to A for life

18. Seisin-

right to possession of and accompanied by particular responsibilities (i.e. paying taxes); owners of freehold estates have seisin

19. Freehold Estate-

fee simple; fee tail; life estate

20. Term of Years-

commonly known as a lease; promise by an owner of a freehold estate to let someone else use the land for a set period of time

a. O to A for X years

21. Pur Aute Vie-

for the life of another

22. Fee Simple Absolute-

where grantor conveys a fee simple and does not add any additional limitations to the estate

a. O to A and his heirs

23. Defeasible Estate-

a. Fee Simple Determinable-

an estate that is capable of reverting back to the owner if a certain event happens

an estate that will end automatically upon the happening of the limiting event; grammatically, the limitation is placed within A’s estate

i. O to A until A’s youngest child reaches 25, then back to O.ii. O to A and her heirs during the time that A remains undivorced, then to O.1. placement of the comma marks the end of A’s estate, and the beginning of O’siii. uses words such as: until, so long as, while & during

b. Fee Simple Subject to a Condition Subsequent-

an estate where the grantor will have to take action to reclaim the property

i. O to A and his heirs, but if A divorces, then back to O.ii. O to A, on condition that A does not divorce, and if A divorces, then to O.1. limiting words are after the first comma, signaling the end of the description of A’s estate iii. uses words such as: but if, provided that, on condition that & however

Life Estate Condition Subsequent-

an estate in which A has a life estate, but ends when grantor takes action to reclaim the property upon the happening of the limiting event

i. O to A for life, but if A divorces, then to O

d. Reversion-

e. Possibility of Reverter-

f. Right of Entry-

the name for the future interest that follows an estate that ends naturally

Grantor’s future interest following a determinable estate

the future interest that follows an estate subject to condition subsequent

i. O to A and her heirs; however, if the land is not used for a library, then to O.

a. Remainders-

What must the grantor do to make it a Remainder?

What are the 3 types of Remainders?

a. Remainders-conveyances placing the future interest in a second grantee; situation in which the grantor conveys an inherently limited estate and also conveys the future interest that follows iti. O to A for life, then to B

1. O has a possessory estate in life estate

2. B has a remainder in fee simple absolute

ii. To be considered a remainder, the future interest must be conveyed to a second grantee in the same conveyance that created the possessory estate it follows

iii. When the limiting event occurs, that prior estate has ended, and the holder of the executory interest now automatically has the right to possession

iv. O to A while A serves in the United States military, then to B1. A has a possessory estate in fee simple determinable2. B has an executory interest in a fee simple absolute

which future interest can the grantor limit?

What is an Executory Interest in regards to the possessory estate?

in regards to the grantee?

and in regards to the grantor?

i. Grantor can place the limitation in the following future interest instead of in the possessory estate itself

ii. Limitation can cause the possessory estate to ende early

iii. O to A and his heirs; however, if B marries, then to B

1. A has a fee simple subject to an executory limitation2. B has an executory interest in fee simple absoluteiv. Executory interest is the limitation the possessory estate is subject tov. O to A; however, if A uses the land for a tavern, then to B1. A has a possessory estate in fee simple subject to an executory limitation2. B has an executory interest in fee simple absolute3. executory interest is a future interest in a granteevi. O to A; however, if A uses the land for a tavern, then to O1. A has a possessory estate in fee simple subject to a condition subsequent2. O has a right of entry in fee simple absolute

What are the two types of future interests held by the second grantee?

e. Two future interests held by the second granteei. O to A for life; but if A divorces, then to O1. O has a reversion because of A’s life estate2. O also has a right of entry because A’s life estate is subject to a condition subsequentii. O to A for life or until A divorces, then to B1. B has a remainder because of A’s life estate2. B also has an executory interest because A’s life estate is determinable

Additional future interests

O to A for life, then to B for life, then to C?

What do they all got?

1. A has a possessory estate in life estate2. B has a vested remainder in life estate3. C has a vested remainder in fee simple absolute

O to A and her heirs, but if A divorces, then to B for life, then to O and his heirs

What do they all have?

1. A has a possessory estate in fee simple subject to an executory limitation2. B has an executory interest in life estate3. O has a reversion in fee simple absolute

O to A and his heirs until B reaches 30, then to B; however, if B ceases to use the land for church purposes, then to C

What do they all have?

1. A has a possessory estate in fee simple determinable2. B has an executory interest in fee simple subject to an executory limitation3. C has an executory interest in fee simple absolute

O to A for life, then to B for life, then to C, but if C sells liquor on the property, then to D

What do they all have?

1. A has a possessory estate in life estate2. B has a vested remainder in life estate3. C has a vested remainder in fee simple subject to an executory limitation4. D has an executory interest in fee simple absolute

Vested remainders are Subject to Divestment when?

When a vested remainder is burdened by an executory interest that could prevent the vested remainder from becoming possessory

1. O to A for life, then to B for life, then to C, but if A, B, or C ever sells liquor on the property, then to D

a. C has a vested remainder, but the limitation could happen before C’s remainder becomes possesory (if either A or B sells liquor on the land during his lifetime) or after it becomes possessory (if C sells liquor on the land)2. O to A for life, then to B, but if B divorces, then to Ca. B has a vested remainder in fee simple, but it is subject to an executory limitationi. Even if B is not yet married, he could marry and then divorce before A diesii. B’s vested remainder is subject to divestment because it is subject to a limitation that could occur before A dies and therefore before B’s estate ever has a chance to become possessory

when can a vested remainder become divested?

What are the 2 conditions that could cause a vested remainder to divest?

A vested remainder subject to divestment is one that might be divested before it ever becomes possessory

1. the divesting condition can be in the form of an executory interest or even a right of entry by the grantor

2. O to A for life, then to B, but if B divorces, then to Ca. A has a possessory estate in life estateb. B has a vested remainder in fee simple subject to an executory limitationc. C has an executory interest in fee simple absolutei. C’s executory interest might divest B’s estate before it becomes possessory if B divorces during A’s life estate ii. Therefore, B has a vested remainder (subject to divestment) in fee simple subject to an executory limitation

3. O to A for life, then to B, but if B divorces, then to O

What do they all got?

a. A has a possessory estate in life estateb. B has a vested remainder in fee simple subject to a condition subsequentc. O has a right of entry in fee simple absolutei. O’s right of entry might divest B’s estate before it becomes possessory if B divorces during A’s life estateii. Therefore, B has a vested remainder (subject to divestment) in fee simple subject to a condition subsequentiii. The remainder is subject to divestment and it identifies the kind of limitation that might cause this divestment

Vested remainders subject to open

i. Subject to open-a vested remainder that is given to a class that could expand

1. class is open for the admission of additional class members

What are the Two kinds of executory interests?

i. Shifting-executory interest that follows an estate in a grantee

ii. Springing-executory interest that divests an estate in the grantor

shifting executory interests

O to A, provided that if A ever allows the timber to be cut, then to B

What does everyone have in this biatch?

1. A has a possessory estate in fee simple subject to an executory limitation2. B has a future executory interest3. Since it would divest the grantee (A) it is a shifting executory interest

c. Springing executory interests

i. O to A when she turns 21

What does she have besides my dick in her ass whe she turns 21?

ii. O to A for life, then to B 5 years after A’s death

And what do they have

1. O has a possessory estate in fee simple subject to an executory limitation

2. A has a springing executory interest in fee simple absolute

1. A has a life estate2. O has a reversion in fee simple subject to an executory limitation3. B has a springing executory interest in fee simple absolute

Review of Future Interests in a Second Grantee and the Estates They Follow

Remainders

what do you call an estate that is inherently limited following the grantees future interest?

What do you call a remainder conveyed to

i. A remainder can follow only an inherently limited estate like a life estate, fee tail, or term of yearsii. If an inherently limited estate also has an added limitation, the following grantee’s future interest is still called a remainder

iii. A remainder conveyed to an unascertained taker is contingent

1. Unascertained taker is one who is not yet born or not yet identified

Review of Future Interests in a Second Grantee and the Estates They Follow

A remainder that has a condition precedent placed in its own description is contingent

1. example of a condition precedent placed inside the description of the remainder:a. O to A for life, then to B if B survives A

2. example of a condition precedent placed in the description of a prior estate:a. O to A and his heirs, but if A divorces, then to B for life, then to C and his heirs3. example of a condition precedent implicit in the description of a prior estate:a. O to A for life, then to B if B survives A, then to C

1. O to A for life, then to B if B survives A

2. O to A and his heirs, but if A divorces, then to B for life, then to C and his heirs

3. O to A for life, then to B if B survives A, then to C

1. example of a condition precedent placed inside the description of the remainder:

2.example of a condition precedent placed in the description of a prior estate:

3. example of a condition precedent implicit in the description of a prior estate:

Review of Future Interests in a Second Grantee and the Estates They Follow

What is held by a grantee and follows a fee simple that might end early, either by a condition added to its own description or by a condition placed in the description

b. Executory interestsi. An executory interest is held by a grantee and follows a fee simple that might end early, either by a condition added to its own description or by a condition placed in the description of the executory interest that follows it1. example of a fee simple determinable followed by an executory interest:a. O to A for as long asa A lives on the property, then to B2. example of a fee simple subject to an executory limitation followed by an executory interest:a. O to A, but if A ceases to live on the property, then to B

Executory interests are either shifting or springing

What is an interest that follows an estate in another grantee?

What is aninterest that divests an estate in the grantor?

1. a shifting executory interest follows an estate in another granteea. example of a shifting executory interest:i. O to A, but if B gratduates from law school, then to Biii. Springing executory interest divests an estate in the grantor1. often the grantor’s intervening estate is unstated in the conveyance2. examples of springing executory interests:a. O to A for life, then two years later, to Bb. O to A when she marriesc. In both examples O has an unstated interest that precedes the springing executory interest

O to A, but if B gratduates from law school, then to B

a. O to A for life, then two years later, to B

b. O to A when she marries

What does everyone have and what type of interest are these?

ii. Executory interests are either shifting or springing1. a shifting executory interest follows an estate in another granteea. example of a shifting executory interest:i. O to A, but if B gratduates from law school, then to Biii. Springing executory interest divests an estate in the grantor1. often the grantor’s intervening estate is unstated in the conveyance2. examples of springing executory interests:a. O to A for life, then two years later, to Bb. O to A when she marriesc. In both examples O has an unstated interest that precedes the springing executory interest

Review of Future Interests in a Second Grantee and the Estates They Follow

When are Vested remainders subject to divestment?

what will cause the divesture and where is it in the language?

What might fail but only after it

A vested remainder subject to divestment is a vested remainder that might be divested before it has a chance to become possessory

1. the condition that might divest it is stated in the description of an estate that follows the remainder2. example of a vested remainder subject to divestment:a. O to A for life, then to B, but if B does not survive A, then to C

i.

What could prevent the remainder from becoming possessory in the first place?

Is it subject to divestment before it becomes possessory?

What can not prevent the remainder from becoming possessory?

What can cause it to end

Divesting condition could prevent the remainder from becoming possessory in the first place

ii. A vested remainder that might fail but only after it has become possessory is a vested remainder subject only to an executory limitation1. it is not subject to divestment before it becomes possessory2. example of a vested remainder subject only to an executory limitation:a. O to A for life, then to B, but if B uses the land for a tavern, then to Ci. Divesting condition could not prevent the remainder from becoming possessoryii. Could only cause it to end after it had become possessoryiii. A contingent remainder is not subject to divestment because it isn’t yet divested

Post-Conveyance Factual Developments

Does the death of the interest-holder always affect the interest?

When does it not?

Death of the interest-holder does not affect the interest unless the interest, by its very nature, ends upon the holder’s death

If you are working with a conveyance and subsequently the grantor or one of the grantees dies, what does the interest of the deceased person do and what 2 ways is it done?

O to A for life, then to B for life, then to C

What do they

1. A has a possessory estate in life estate2. B has a vested remainder in the life estate3. C has a vested remainder in fee simple absolute

O to A for life, then to B for life, then to C

what if A dies?

If A dies, since A had a life estate, the estate simply ends, and B’s future interest becomes the possessory estate

1. B has a possessory estate in life estate

2. C has a vested remainder in fee simple absolute

O to A for life, then to B for life, then to C

What if B dies before A dies?

iii. If B dies before A dies, B’s remainder in life estate simply ends1. A has a possessory estate in life estate2. C has a vested remainder in fee simple absolute

O to A for life, then to B for life, then to C

What if C dies before A and B, and leaves D with everything in his will?

What does everyone have now?

If, before A or B dies, C dies with a will devising all her property to D, D holds a vested remainder and continues waiting for A and B to die

v. O to A for life, then to B, but if B ever divorces, then to C

What does everyone have?

1. A has a possessory estate in life estate2. B has a vested remainder (subject to divestment) in fee simple subject to an executory limitation3. C has a shifting executory interest in fee simple absolute4. If C dies, because C had a future interest that would come into possession only upon the happening of a contingency, the interest passes to C’s heirs or devisees

Removal of contingencies

O to A and her heirs, but if A divorces, then to B and his heirs

What do they all have?

1. A has a possessory estate in fee simple subject to an executory limitation2. B has a shifting executory interest in fee simple absolute3. If A divorces A’s possessory estate ends and B has a possessory estate in fee simple absolute4. If A dies without divorcing, (after A’s death he can no longer divorce) the executory interest can never become possessorya. A’s heirs or devisees have a possessory estate in fee simple absoluteb. B has nothing

Removal Contengencies

O to A, but if A ever uses the land for a tavern, then to B

What do they all have?

1. A has a possessory estate in fee simple subject to an executory limitation2. B has a shifting executory interest in fee simple absolute3. If A dies without using the land for a tavern, B’s executory interest can never become possessorya. A’s heirs or devisees have a possessory estate in fee simple absoluteb. A’s heirs or devisees are then free to do whatever they want with the property, even use it as a tavernc. B has nothing

Removal contengencies:

O to A, but if the land is ever used for a tavern, then to B

What do they all have?

1. A has a possessory estate in fee simple subject to an executory limitation2. B has a shifting executory interest in fee simple absolute3. If A dies without using the land for a tavern, B’s executory interest can still interrupt the possessory estate if anyone ever uses the land for a taverna. Since the land could still be used for a tavern after A’s death, the executory interest can still become possessoryb. It continues to burden the possessory estatec. A’s death does not affect the status of B’s executory interest

Subsequent vesting of a contingent remainder

When is a remainder is contingent

When does the contingent remainder becomes vested

What if only one of these contingencies is resolved ?

O to A for life, then to A

i. A remainder is contingent if its taker is unascertained or if it has a condition precedent

ii. If the unascertained taker becomes ascertained or if the condition precedent is met, the contingent remainder becomes vested

1. a contingent remainder can be contingent both because it has a condition precedent and because its taker is unascertained

2. if only one of these contingencies is resolved and the other remains, the remainder is still contingent

a. O to A for life, then to A’s first child if A graduated from law schooli. Assume that A does not yet have children and has not graduated from law school

1. the remainder is contingent both because the taker is unascertained and because the conveyance has a condition precedent

2. Upon birth of A’s first child, the taker is ascertained, but the condition precedent remains unmet

3. If A graduates from law school but still has no children, the remainder is still contingent event though the condition precedent has been satisfied

Conveyance of a fee tail

Could a fee tail in its original form be conveyed to another?

When could the fee tail holder convey the right to possess the land ?

1.What happened upon his death?

Can the holder disen

e. Conveyance of a fee taili. A fee tail in its original form could not be conveyed to anotherii. The fee tail holder could convey only the right to possess the land during his lifetime1. on his death the right to possession would pass automatically to his issueiii. holder of a fee tail could disentail 1. disentail-to convert a fee tail estate into a fee simple estate2. O to A and her heirsa. Simply by purporting to convey a fee simple, O has in fact done sob. A now holds a possessory estate in fee simple absolute3. this method works only for conveyances made during the grantor’s lifetime4. if the holder dies holding a fee tail then the fee tail passes to the holder’s issue5. holder of a fee tail can convey to a straw person and have the straw person immediately reconvey to the original holder a. the initial conveyance “O to A” conveys to A a fee simpleb. Straw person can then reconvey this newly disentailed fee to Oc. O now holds fee simple6. American jurisdictions mostly prohibit the creation of new fee tail estates and allow holders of existing fee tails to disentail by inter vivos conveyance

Future interests moving into possession

Does the name of the estate ?

1. O to A for life, ten to B for life, then to C.

What do they all have?

What if A dies?

f. Future interests moving into possessioni. Normally, the name of the estate doesn’t chance except for no longer being a future interest:1. O to A for life, ten to B for life, then to Ca. A has a possessory estate in life estateb. B has a vested remainder in life estatec. C has a vested remainder in fee simple absoluted. If A dies, B’s life estate moves into possessioni. B has a possessory estate in life estateii. C has a vested remainder in fee simple absolute

Sometimes movement into possession causes additional chances to the names of the estates

O to A for life, then to B for life, but if B ever divorces, then to C

What do they all have?What if A dies?

a. A has a possessory in life estateb. B has a vested remainder (subject to divestment) in life estate subject to an executory limitationc. C has an executory interest in fee simple absoluted. O has a reversion in fee simple absolutee. If A dies and B has not divorced B now has a possessory estate in life estatei. B’s life estate can never be prevented from becoming possessoryii. B’s life estate no longer is subject to divestmentiii. B has a possessory estate in life estate subject to an executory limitationiv. C has an executory interest in fee simple absolutev. O has a reversion in fee simple absolute

Merger

Doctrine of merger allows what to be combined if the same person has them?

What happens if a possessory or vested life estate and the next vested estate in fee simple come into the hands of the same person?

are the

g. Mergeri. Doctrine of merger allows vested interests to be combined when the come into the hands of the same holderii. If:1. A possessory or vested life estate and the next vested estate in fee simple come into the hands of the same person and2. These two estates are not separated by another vested estate, iii. Then:1. The life estate merges into the next vested estate held by the same person, and 2. If there is a contingent remainder between them, the contingent remainder will be destroyeda. Exception: If the estates were created in the same document, an intervening contingent estate is safe

O to A for life, then to B

What does everyone have?

If A later conveys her life estate to B, What will b have?

Would the result be the same if B conveyed his vested remainder to A?

iv. O to A for life, then to B1. A has a possessory estate in life estate2. B has a vested remainder in fee simple absolute3. If A later conveys her life estate to B, B will hold both a possessory life estate and vested remainder in fee simple absolutea. Since there is no other vested estate between them, these two estates will mergeb. The result would be the same if B conveyed his vested remainder to A

O to A for life, then to B for life, then to C

If A conveys her life estate to C, what does C have?

Can they merge?

Why or Why not?

v. O to A for life, then to B for life, then to C1. A has a possessory estate in life estate2. B has a vested remainder in life estate3. C has a vested remainder in fee simple absolute4. If A conveys her life estate to C, C would have both the possessory life estate and a vested remainder in fee simple absolutea. But these two estates could NOT merge because together they do not have ALL of the vested interestsb. B has an intervening vested life estates which A and C cannot destroy

O to A for life, then to B for life if B has reached 21, then to CIf B is not yet 21, then what does everyone have?

5. If A conveys her life estate to C, what does C have

Could the estates merge?

What happens to B's

vi. O to A for life, then to B for life if B has reached 21, then to C1. B is not yet 212. A has a possessory estate in life estate3. B has a contingent remainder in life estate4. C has a vested remainder in fee simple absolute5. If A conveys her life estate to C, C would have both the possessory life estate and the vested remainder in fee simple absolutea. These two estates COULD merge because the only interest between them is contingentb. Their merger destroys B’s intervening contingent remainder in life estate

Continuation of conditions: destruction of contingent remainders

When is a contingent remainder destroyed ?

What is the Doctrine?

O to A for life, then to B if B reaches 35.What does everyone have?

What

h. Continuation of conditions: destruction of contingent remaindersi. Doctrine of destruction of contingent remainders-a contingent remainder is destroyed if it is still contingent when the prior estate ends1. O to A for life, then to B if B reaches 35.a. A has a possessory estate in life estateb. B has a contingent remainder in fee simple absolutec. O has a reversion in fee simple absoluted. If A dies and B is only 14, possession will revert to O and O’s possession will be interrupted by B if and when B turns 35i. O has a possessory estate in fee simple subject to an executory limitationii. B has a springing executory interest in fee simple absoluteiii. If and when B reaches 35:1. B has a possessory estate in fee simple absolute

More Efforts to Further Aleinability

What Prevents a grantor from using the same document to convey a life estate to a grantee and a remainder to that grantee’s heirs?

What happens if the grantor attempts this conveyance?

More Efforts to Further Aleinabilitya. Rule in Shelley’s Casei. Prevents a grantor from using the same document to convey a life estate to a grantee and a remainder to that grantee’s heirsii. If the grantor attempts this conveyance, the remainder to the grantee’s heirs is read instead as a remainder to the granteeiii. O to A for life, then to A’s heirs-A1. Rule in Shelley’s Case essentially strikes out the words “A’s heirs” and substitutes A2. A has a possessory estate in life estate3. A also has a vested remainder in fee simple absolute

Rule is limited in several ways:

What does it apply to?

O to A for life, then to A’s heirs at the conclusion of A’s funeral

What does the rule do here?

What does everyone have?

iv. Rule is limited in several ways:1. It applies only to remainders, not to executory interestsa. O to A for life, then to A’s heirs at the conclusion of A’s funerali. Since the Rule does not apply to executory interests, the interest conveyed to A’s heirs is safeii. A has a possessory estate in life estateiii. O has a reversion in fee simple subject to an executory limitationiv. A’s heirs have a springing executory interest

When does the Rule apply?

What If O conveyed a life estate to A (reserving a reversion) and subsequently conveyed the reversion to A’s heirs?

What If O conveyed a life estate to A and a remainder to B and subsequently B conveyed t

2. the Rule applies only when the grantor conveyed both interests in the same documenta. If O conveyed a life estate to A (reserving a reversion) and subsequently conveyed the reversion to A’s heirs, the Rule would not applyb. If O conveyed a life estate to A and a remainder to B and subsequently B conveyed to A’s heirs, the Rule would not apply3. the Rule applies only to conveyances to the grantee’s heirsa. it does not apply to conveyances to grantee’s children or to grantee’s issue or to conveyances to named persons who are likely to become the grantee’s heirs4. the Rule applies only if the estates are both legal or both equitablea. an equitable interest is an interest of the beneficiary by a trustb. a legal interest is an interest that is not an equitable interest, either because the property is not the subject of a trust at all or because we are referring to the ownership interest of the trustee rather than to the ownership interest of the beneficiary

Shelley’s case and merger

O to A for life, then to A’s heirs A

What two things does A have?

Can they be merged under the Doctrine?

What does everyone have?

How could stop the merger?

I

b. Shelley’s case and mergeri. O to A for life, then to A’s heirs A1. A has a possessory interest in life estate2. A also has a vested remainder in fee simple absolute3. Doctrine of merger would combine these two interestsa. A has a possessory estate in fee simple absoluteii. O to A for life, then to B for life, then to A’s heirs A1. B’s intervening vested remainder in life estate would prevent A’s two estates from merging2. A has a possessory estate in life estate3. B has a vested remainder in life estate4. A also has a vested remainder in fee simple absolute

Doctrine of worthier title

What does the Doctrine of worthier title prevents?

Back in the day what was considered worthier inherited land or land by inter vivos conveyence?

What If the grantor attempts such inter vivos co

c. Doctrine of worthier titlei. Doctrine of worthier title prevents a grantor from conveying a life estate to a grantee and a future interest to the grantor’s heirsii. Holding land by virtue of an inheritance was thought to be worthier than holding land as a result of an inter vivos conveyanceiii. If the grantor attempts such inter vivos conveyance, the future interest to the grantor’s heirs is read instead as a reversionary interest to the grantor

Doctrine of worthier title:

O to A for life, then to O’s heirs O

What do they have?

Can The doctrine can apply to attempted remainders and to attempted executory interests?

O to A for life, then to B, but if

1. O to A for life, then to O’s heirs Oa. A has a possessory estate in life estateb. O has a reversion in fee simple absoluteiv. The doctrine can apply both to attempted remainders and to attempted executory interests1. O to A for life, then to B, but if B uses the land for a tavern, then to O’s heirs Oa. A has a possessory estate in life estateb. B has a vested remainder in fee simple subject to a condition subsequentc. O has a right of entry in fee simple absolutev. The doctrine of worthier title applies only to conveyances to the grantor’s heirs1. does not apply to conveyances to grantor’s grandchildren or to grantor’s issue or to conveyances to named persons who are likely to become grantor’s heirs

Worthier title and merger

Can the doctrine of merger apply in concert with the doctrine of worthier title?

O to A for life, then one day later to O’s heirs

What does this conveyence create?

Without applying a

d. Worthier title and mergeri. The doctrine of merger can apply in concert with the doctrine of worthier title1. O to A for life, then one day later to O’s heirsa. This conveyance creates a gap between A’s life estate and the interest the grantor attempts to give to O’s heirsb. Without applying any doctrines, the state of the title is:i. A has a possessory estate in life estateii. O has a reversion in fee simple subject to an executory limitationiii. O’s heirs have a springing executory interestc. Since the doctrine of worthier title applies to executory interests, we strike the words “O’s heirs” and replace them with Oi. A has a possessory estate in life estateii. O has all remaining interestsiii. Merger operates to combine O’s interests into a reversion in fee simple absolute

The Infamous Rule Against Perpetuities

When does the Rule apply?

What are the diffrences between Vested interests v. contingent interests?

Closed interests v. interest subject to open?

The Infamous Rule Against Perpetuitiesa. The Rule applies only to a conveyance the moment it is createdb. Vested interests v. contingent interestsi. Contingent interests1. The identity of the holder is unascertained, or 2. the interest is subject to a condition precedent (other than the termination of the prior estate)ii. Vested interests1. the holder is ascertained, and2. the interest is not subject to a condition precedent (other than the termination of the prior estate)c. Closed interests v. interest subject to openi. difference between a closed interest and an interest subject to open:1. interest is subject to open if it is given to a class of people and if that class could grow2. an interest given to a class of people that cannot grow is closed

Under R.A.P. when a will is effective?

What is the Fetus (gestation) rule?

What is The Rule’s purpose?

d. when a will is effectivei. a will does not become effective until the testator diesii. Rule applies to testamentary conveyances at the moment of the testator’s deathe. The Fetus (gestation) rulei. a child is considered alive from the time the child is conceived if the child is later born alivef. The Rule’s purposei. agreement between a grantor and the rest of the communityii. O to A, but if the land ever ceases to be used for a farm, then to B1. B could not sell her interest in the land2. What bank would lend money to B using her interest in the land as collateral?3. What if years later the city of Chicago had grown up all around that land, but A’s heirs had to continue to farm the land or else lose it to B’s heirs

Rule Against Perpetuities

Is A future interest is void the moment it is created if it is a remainder or an executory interest?

Is A future interest is void the moment it is created if it is either contingent (given to an unascertain

g. Rule Against Perpetuitiesi. A future interest is void the moment it is created if:1. It is in a grantee (a remainder or an executory interest)2. It is either contingent (given to an unascertained taker or subject to a condition precedent or both) or subject to open; and 3. It might still exist and still be contingent or subject to open longer than 21 years after the death of the last person alive at the time of the conveyanceh. Rule’s meaningi. describes a time period during which contingent or open future interests are permitted

Under RAP what is the permitted time period?

i. calculating the permitted time periodi. Life in being-defines the time period as 21 years after the death of the last person alive at the time of the conveyance

O to A for life, then to A’s children

Assume that we can look into the future and see that A will be the last life in being to die and that A will live 50 more years what is the time period?

i. calculating the permitted time periodi. Life in being-defines the time period as 21 years after the death of the last person alive at the time of the conveyanceii. O to A for life, then to A’s children1. Assume that we can look into the future and see that A will be the last life in being to die and that A will live 50 more yearsa. time period for our analysis would be 71 years

Deciding how long an interest might remain contingent

Can the Rule cause the contingent or open interest to fail at its creation if we cannot be sure that its life span wont exceed the permitted time period ?

Is the question whether

i. the Rule will cause the contingent or open interest to fail at its creation if we cannot be sure that its life span wont exceed the permitted time period ii. question is not whether the interest might vest and close within the time period, but whether there is any possibility that it might notiii. if you can conceive of any possible scenario in which the interest might still be contingent or open after the time period expires, then the Rule has been violated

Under RAP:

O to A for life, then to A’s children1. Assume A has no children

What is the Vulnerable interest, and who is it given to?

Who is the ascertained holder?

What are the two things that can happ

iv. O to A for life, then to A’s children1. Assume A has no childrena. Vulnerable interest is the contingent remainder given to A’s children b. Since A has no children at present, the remainder has no ascertained holderc. The longest period of time that the remainder might remain contingent; it will either vest or fail at A’s deathd. The permitted life span is 21 years after the death of the last person who was alive at the time of the conveyancee. According to the Rule, when A dies, the contingent remainder could remain contingent for 21 more yearsf. The contingent remainder passes our test; it cannot possibly remain contingent longer than A’s lifetime

Under RAP:O to A for life, then to A’s children1. Assume A has two children (B & C)

What do B and C have ? are thier interest subject to the rule?

What is the longest possible time it might take before the vested r

v. O to A for life, then to A’s children1. Assume A has two children (B & C)a. B and C have a vested remainder, but since A is still alive, the remainder is subject to open, therefore it is subject to the Ruleb. What is the longest possible time it might take before the vested remainder will close?i. Remainder will close at A’s deathc. Compare the possible life span to the permitted life spani. permitted life span is 21 years after the death of the last person who was alive at the time of the conveyanceii. A was alive at the time of conveyance so A is a life in beingiii. When A dies, the remainder could remain open for 21 more years, but it won’t need that long; last possible time for A to conceive a child is immediately prior to A’s death2. Being able to prove that an interest will fail within the permitted time period is just as good as being able to prove that it will vesta. Interest violates the Rule only if its fate might still be undecided at the end of the permitted time period

How do you Validate life under RAP:

i. Validating life-someone whose life proves that the interest will either fail or vest and close within the permitted time period

Example of an interest that violates the rule

O to A for life, then to A’s children who reach 30

B and C are 32 and 30 respectivelyWhat do B and C have ?

are thier interests vulnerable to the Rule?

What

l. Example of an interest that violates the rulei. O to A for life, then to A’s children who reach 301. B and C are 32 and 30 respectivelya. B and C have a vested remainder, but since A is still alive, the remainder is subject to openb. The reminder is vulnerable to the Rulec. What is the longest possible time it might take before the vested remainder will close?i. Only A’s children who reach 30 can be part of the class, so this remainder might not close on A’s deathii. If A has another child (D) and then dies immediately, we won’t know whether D will reach 30iii. If D reaches 30 D would be added to the class, but it would take 30 years to find outiv. That time period is longer than the permitted time period (21 years)v. Therefore there is no validating life and the remainder violates the Rule Against Perpetuities

Step-by-step approach for applying the rulei.O to A for life, then to B for life, then to O’s widow

1.identify the state of the title according to the conveyance

2. look for any future interest in a grantee

3. if

m. Step-by-step approach for applying the rulei. O to A for life, then to B for life, then to O’s widow1. identify the state of the title according to the conveyancea. A has a possessory estate in life estateb. B has a vested remainder in life estatec. O’s widow has a contingent remainder in fee simple absoluted. O has a reversion in fee simple absolute2. look for any future interest in a granteea. B’s vested remainder in life estateb. O’s widow’s contingent remainder in fee simple absolute3. if you find any future interest in a grantee, check each one to see if it is both vested and closed4. for each contingent or open future interest in a grantee, identify the necessary factual developments for vesting and closinga. O’s widow:i. The holder must be ascertained, so the event that will vest the interest (or cause it to fail) is O’s death5. determine all of the lives in beinga. O, A, and B6. Consider the first vulnerable interest; see if it might still be contingent or open longer than the lifetimes of everyone plus 21 yearsa. O’s widow:i. On O’s death, we’ll know the fate of this remainder:1. either O will have a widow and we’ll know who she is, or O will die unmarried and the remainder will fail at that moment2.O is the validating life; O was alive at the time of the conveyance and the remainder to O’s widow will either vest or fail at the moment of O’s death3.the remainder to O’s widow survives the rule

Example of an interest that violates the Rule:1.O to A for life, then to A’s first child if he or she reaches 25a.A currently has no childreni.Step 1:1.A has a possessory estate in life estate

2.A’s first child has

ii. Example of an interest that violates the Rule:1. O to A for life, then to A’s first child if he or she reaches 25a. A currently has no childreni. Step 1:1. A has a possessory estate in life estate2. A’s first child has a contingent remainder in fee simple absolute3. O has a reversion in fee simple absoluteii. The interest that is vulnerable to the Rule (steps 2 and 3) is A’s first child’s contingent remainderiii. Step 4:1. remainder has a condition precedent (reaching 25); to vest the remainder, A must have a child and that child must reach 25iv. Step 5:1. O and A are the lives in beingv. Step 6:1. there is no validating life; neither O nor anyone else can prove that we’ll know the fate of the reminder in 21 yearsa. A’s first child will be ascertained upon O’s death, but that child must also reach 25 and we’ll have to wait 25 years to see if that happensb. Therefore the interest violates the rulevi. Step 7:1. if the contingent interest violates the Rule, strike the whole interesta. O to A for life, then to A’s first child if he or she reaches 25 b. A has a possessory estate in life estatec. O has a reversion in fee simple absolutevii. Step 8: if there is another contingent or open interest in the grantee, repeat the procedure

Relief from the Rule Against Perpetuities

What are the Three ways a conveyance can be relieved from the common law Rule Against Perpetuities?

i. By the application of the doctrine of the destructibility of contingent remaindersii. By the application of the charitable exemption; and iii. By modern statutory modifications to the Rule

O to A and his heirs

what are the words of purchase?

What are the words of limitation?

What can you do with this type of estate?

to A are the words of purchase

and his heirs are the words of limitation

Fee simple can:Keep itsell/give itBequeth it if Intestate then inherit

and his heirs

what does this tell you?

1. O has not conveyed anything to them they do not have any rights or interest in the land.

O to A and the hiers of his bodyO to A and his issue

What type of estate is conveyed here?

Are there any restrictions on this land? If so what are they?

When A dies how does the land pass?

Is this c

1. Fee Tail2. Restrictions of a Fee Tail: a. A possesses the land right now b. A cant sell bequeth or give the right to possession after his death c. When A dies the land passes to his issue regardless of what his will says d. If A has a Fee tail then he cant do anything that would prevent the land to pass to his issue

3. The land passes NOT by: a. inheretence, even if issue = heirs b. bequesteven if issue = devisees

4. A's fee tail ends NATURALLY when his issue runs out

O to A for Life

What type of Estate is this?

What are the restrictions of this estate?

How does this estate end?

A has a life estate.

Life Estate Restrictions: A can NOT sell, give, bequeth, the right to posess this land after he dies.

It ends naturally upon A's death

O to A for 10 years

What kind of estate is this?

Is it a Free hold or non Free hold estate?

Can A convey it?

How will it end?

Term of years (ToY)

It is a non free hold estate without seisen

A can NOT convey it past the time he is allowed to use it.

What can the owner of a Fee Simple, Fee Tial, Life Estate and TOY convey?

The owener of all these estates can convey all of his interest but no more.

However, if A conveys something to B and B Dies than B's issue can have interest.

What happens when an Inherently limited estate ends?

If O has a life estate but only conveys the following?1 O to A for life.2 O to A for 10 years.3 O to A and the heirs of his body.

the interest will go back to O

1. After A dies O gets it2. After 10 years O gets it3. After A and his issue die out O gets it

Determinable ends automatically when an event occursSCS does not end automatically, it has to be reclaimed

O to A until A's youngest child reaches 25, then back to O.

What words mark A's estate?What words mark the limits for A and O

all the words before 25 describe A's estate and all the words after the comma describe O's estae.

O to A, but if A sells liquor on the property, then back to 0.

Where does A's estate end and O's begin?

Where are the words of limitation?

What do the commas mean?

O to A is A's estate ,but... describes O estate.

In future interest law we say that the first of the two commas signals the end of one estate and the beginning of another.

O to A so long as A does not sell liquor on the property, but if A sells liquor on the property, then to O.

Where does A's estate end and O's begin?

What is the key question for what the limitiation is and to whom is it on?

everything before the first comma represents A's estate.

the key question is whetehr the limitation appears in the description of the estate that might be ended by the happening of the limitation

if the limitation is repeated it does not matter it just effectes A.

O to A and her hiers so long as as A does not divorce.

What kind of estate is this?

Whose estate is the limitation placed?

What does the limitation do to the estate?

This is a fee simple determinable estate.

The limitation is placedin A's estate.

the limitation becomes a durational marker of A's estate.

What are examples of temporal limitating words

where are temporal limitations found in the language of the conveyence?

words used to mark determinable estates.

untilso long aswhileduring

they are found BEFORE the punctuation mark signiling the end of A's estate.

O to A and her heirs until A divorces then to O.

Fee Simple Determinable

O to A and his heirs so long as A remains married.

Fee simple determinable with O getting it if A divorces.

Examples of words that create an express condition

these are words for Condition Subsequents.

Allows the grantor to cut short the estate previously granted.

But if provided thaton the condition thathowever

The limitation is placed after the punctuation mark signaling the end of A's estate.

O to A and his heirs, provided that A does not divorce.

Fee simple subject to condition subsequent

O to A and her hiers, on condition that A does not iuse the property for a bar.

FSSCS

What is the key operational distinction between Derterminable estates and Condition Subsequent estates?

Determinable estates end automatically upon the limiting event occuring

The CS estate simply reserves the right to end A's estate.

If the determinable event occurs and O does nothing and A stays there then A is an adverse possesssor.

Can a non fee simple estate have added limitations?

If so would they end naturally?

Yes

Yes

Which estates can be said to be absolute?

What are the inherently limited estates?

What kind of estates end naturally?

which kind of estate ends automatically upon the happening of the limiting condition?

In wh

Fee Simple

Fee Tail, life estate, TOY

Fee Tail, Life Estate, TOY

Determinable

Subject to a condition subsequent

What type of future interest can follow a possessory state in fee simple absolute?

none

What is the Grantor's future interest following an estate that ends naturally?

O to A for life.What interests do they have?

A reversion

It waits patiently until the natural time span expires.

A has a possessory Life EstateO has a reversionary interest when A dies, because there are no words of limitation and O can only convey what he has.

What is the Grantor's future interest following a determinable estate?

O to A and her heirs so long as the land is used for a library.

What do they have?

Is there an interrruption of A's Estate?

Possibility of Reverter

Since A's estate will end automatically if the land is not used for a library, O waits patiently to see if the even occurs

LIKE A REVERSION, THE POSSIBILITY OF REVERTER DOES NOT INTERRUPT A's DETERMINABLE ESTATE.

Things to remember about Reversions and Possibility of reverter.

O to A for life so long as A does not divorce.

A reversion is not speculative. The estate conveyed will end and it will become a possessory estate for O.

If there is a limitation it is possibility of Reverter

If there is no limitation than it is a reversion

In theory O can have a reversionary interest and the possibility of reversion in the same conveyence. In this case O is said to have a reversion.

O to A and his heirs so long as the land is used for a library.

What do they have?

A has a fee simple determinable possessory estate. because the limitation uses so long as and is in front of the punctuation mark ending A's estate.

Since O did not convey away the future interest he has a possibility of reverter.

What is the Grantor's interest following an Estate Subject to a condition Subsequent?

O to A and his heirs; however, if the land is not used for a library, then to O.

What do they have?

Right of entry.Which could interrupt A's estate.

A has a FSSCS because the limitation in O's reversion could cause the possessory estate to end early than it nauturally would have.

O has right of entry

What is the Grantor's future interest in each of these Possessory estates?

A FSA

A FT, LE, TOY with or without an added limitation

A FSD

A FSSCS

None

Reversion

Possibility of Reverter

Right of Entry

O to A and her heirs, but if A gets a divorce, then to O.

Identify the possessory estate and the future interest.

A has a FSSCS Possessory estate.

Since there is a limitation A can NOT have an ABSOLUTE estate, or one that ends naturally. So A's estate is either determinable of SCS. Because the wording of limitiation express' a condition outside of A's estate it has to be FSSCS.

So that means that O has right of entry and because there is no limitation on O it must be ABSOLUTE.

A has a FSSCSO has a RIGHT OF ENRTY IN FEE SIMPLE ABSOLUTE

What kind of future interest does a Grantee have if he waits patiently for the possessory estate to end naturally?

O to A for life.

O to A for life, then to B.

What do they have in both of these?

Remainder

A has a possessory life estate, and O has a reversionary interest.

A has a Possessory LE, and B has a remainder.

Can O convey a remainder to a second grantee in a different conveyence than the one giving the first grantee interest?

What if they are done seperatley?

No they have to be in the same conveyence for it to be considered a remainder interest.

then the second grantee would have a reversionary interest.

O to A for Life, then to B.

What do they have?

A has a possessory life estate because there is no limitation.

Next we have to look to see who has the interest after A.

B a second grantee has the interest after A and since there is no limitations B is going to hae to wait patiently for A's estate to end naturally. SO B HAS A REMAINDER

Now we have to find the durational nature of B's remainder. Since there are no words of limitation for B's estate we assume Fee Simple Absolute

A has LE.B has a remainder in fee simple absolute.

Remainder vs. Reversion

Remainder: A future interest created when a grantor conveys an inherently limited possessory estate and, in the same conveyence, conveys the future interest to a second grantee.

Reversion: future interest created when a grantor conveys an inherently limited possessory estate and retains the future interest himself.

What are the 2 types of remainders?

Vested: is certian to become possessory.

Contingent: is not certian to become possessory because something might have to happen before in addition to the termintation of the estate for it to become possessory for the second grantee.

Vested Remainders vs. Contingent Remainders

To be vested the Remainder must:1. Be given to an ascertained (alive and identifiable) person AND2. It is NOT subject to a condition precedent other than the natural termination of the preceding estate.

To be a contingent remainder:1. It is given to an unascertained personOR2. It is subject to a condition precedent, other than the natural termination of the preceding estate.

O to A for life, then to my grandchildren.

If all of O's grandkids have not been born yet, what kind of remainder do all of them have?

This is considered a class gift, and if O conveys a remainder to a class and at least on of the remiander holders are ascertained than the remainder is vested.

O to A for life, then to B.

a has life estate and B has a vested remainder because he is ascertained and there is not condition precedent.

O to A for life, then to A's widow.

A has LEWidow has a contingent remainder because we dont know who she is, or it could change.

O to A for life, then to B if B has reached 21.

What does everyone have?

Where are Condition Precedents found in the language of the conveyence?

A has LEB has a contingent remainder because there is a condition precedent of him turning 21 that must be achieved in addition to the termination of A's estate.

If A dies before B turns 21, B's remainder fails

Condition Precedents are found within the language that creates the remainder, NOT in the description of the next estate. THEY ARE FOUND WITHIN THE COMMAS OR PUNCTUATION MARKS.

Compare these two conveyences:

1. O to A for Life, then to B if B survives A.

2. O to A for life, then to B, but if B does not survive A, then to C.

1. The limiting condition is found within the punctuation marks describing B's interest (, if B survives A.). So B has a condition precedent

2. The limiting language is found in C's estate.

A limiting condition placed in an estate after the remainder IS NOT A CONDITION PRECEDENT AND DOES NOT RENDER THE REMAINDER CONTINGENT. this would make B's vested remainder subject to divestment.

Condition PRECENDENT

A condition that:

Is set out within the description of a particular estate

AND

Must be satisfied before that estate can become possessory

Can a remainder be contingent for more than one reason?

If so, is the remainder still contingent if one of the conditions is satisfied?

Yes it can be contingent for more than one reason

Both conditions must be satisfied for the remainder to become vested.

O to A for life, then to B if B has graduated from college, otherwise to O.

A has a LE (O to A for life)

B has a contingent remainder because there is a condition precedent. (, if B has graduated from college,).

Since it is contingent there is an interest that is not accounted for. In this case it is O and he has a vested reversionary interest.However you do not have to say vested cause reversions are considered to be vested already.

O to A for Life, then to B if B has graduated from college.

A has a possessory LE with no added limitations so it will end naturally.

since A's estate ends naturally B has a remainder but B has a condition precedent so it is contingent.

If B's estate becomes possessory then it will be in fee simple absolute.

However, O's interest follows A's LE as well so it is an alternative to B's estate.

O is the grantor and his future interest will become possessory upon A's death ending naturally so O has a REVERSION.

A has a life estateB has a contingent remainder in Fee simple absoluteO has a reversion in fee simple absolute

O to A for life, then to B if B has graduated college, but if B has not graduated from college, then to C.

At the end of A's life estate B or C will recieve the possessory estate.

Both B and C's interests follow A's estate.

A has a life estate w/o limit. so it will end naturally.

A grantee's FI following an estate that ends naturally is a REMAINDER.However, there is a condition precedent for both grantees so it is a contingent remainderfor both of B and C.

If either the contingent remainder becomes possessory it will be in fee simple absolute.

A HAS A LEB HAS A CONTINGENT REMAINDER IN FSAC HAS A CONTINGENT REMAINDER IN FSA

ALTERNATIVE CONTINGENT REMAINDERS:

Contingent remainders are "alternatives" when they each follow the same estate and when their conditions precedent are the opposite of each other, so that vesting of one preclude the vesting of the other.

Determing the FI of the Grantor, or a Grantee in a determinable estate

Differences and Similarities

Same:1. Words of limitation are both temporal and appear before the comma/punctuation mark separating the possessory estate from the next future interest. 2. the limitation is called determinable if the FI is in the Grantor or another Grantee. 3. The determinable estate ends automatically when the limiting event occurs in both.

Differences:1. The FI following a determinable estate for the Grantor is called a possibility of reverter.2. The FI following a determinable estate for the Grantee it is called an EXECUTORY INTEREST.

O to A while A serves in the army, then to B.

Is there a limitation in the language of the conveyence, if so what is it and where is it?

Is the limitation express a condition or is it temporal?

A has a fee simple determinable estate, because the limitation is in A's estate (while A serves in the army,) and the word used is "while".

A grantee's future interest following a determinable estate is and executory interest

B's executory interest once it becomes possessory it will be a fee simple absolute.

A has a possessory estate in FSAB has an executory interest in FSA

What is a grantee's future interest following a determinable estate?

executory interest.

What is a grantor's future interest following a determinable estate?

possibility of reverter

What is a grantee's future interest following an estate ending naturally

a remainder either vested or contingent

What is a grantor's future interest following an estate ending naturally?

Reversion

If the Grantor adds a limitation the conveyence can be

but it cant

determinable or subject to a condition subsequent

be absolute or end naturally so it cant be a reversion

If A's interest is subject to a condition subsequent than what is the grantor's FI?

right of enrty, and this iterrupts the prior estate. but O has to take action

what is O's interest following a determinable estate?

possibility of reverter because determinable estates may end on their own terms.

What are the names for estates that have limiting events built into the description of the estate itself?

And for the grantees FI?

determinable estate

an executory interest

O to A and his heirs; however if B marries, then to B.

What did O do here?

where are the words of limitation located?

What kind of words are used to limit?

O placed the limitation in the future interest instead of A's possessory estate, which can cause A's estate to end before its natural duration.

they are located after the punctuation mark seperating the possessory estate and the next FI.

words that express a condition. but if, provided that, on condition that, however,

Subject to a condition Subsequent vs. Subject to an executory limitation.

O to A and his heirs; however if B marries, then to B.

1. SCS: is a future interest in the grantor

2. SEL: is the next future interest in a second grantee and the FI that follows this estate is an executory interest.

the executory interest is the limitation the possessory estate is subject to.

A has a FSSELB has a EI in FSA

What is the difference between the executory interest that follows a determinable estate and the executory interest that follows an estate subject to executory limitations?

Nothing. they are the same interest, and they both come into possession of the estate AUTOMATICALLY upon the limiting event occuring

O to A; however, if A uses the land for a tavern, then to B.

where does the description of A's estate end?

what is the limiting phrase?

whose estate is it in ?

and what type of limitation word is used?

O to A; is A's possessory estate

however, if A uses the land for a tavern. is the limiting phrase

the limit is in B's estate.

words that express a condition

O to A; however, if A uses the land for a tavern, then to B.

A has a possessory estate in FS

However, there is a limitation outside of A's estate. it is found in B's estate and it uses words of express condition AND CAN INTERRUPT A's estate. SO A HAS A FSSEL.

B has an executory interest. and once it becomes possessory it will ne FSA

A has a FSSELB has a EI in FSA

What happens to A's fee simple estate if there is an added limitation expressin a condition which is placed outside the description A's estate in the next future interest description?

A's estate becomes a Fee simple subject to an executory limitation.

and the next FI is an executory interest.

O to A; however, if A uses the land for a tavern, then to O.

A has a FSSCS

O has a right of entry (and if and when it becomes possessory)in fee simple absolute

O to A and his heirs, but if A divorces, then to B.

A has a fee simple subject to an executory limitation, because the next interest is in another grantee which rules out reversion, possibility of reverter and right of entry. Leaving remainder and executory interest. because of the limitation it will not end naturally so remainder is out, leaving determinable and SEL. Determinable is then ruled out because the limit is placed in the next estate and the term expresses a condition.

B has an executory interest and if it becomes possessory it will be in fee simple absolute.

If there is an added limitation in the conveyence to A and the FI is in Granotr what types of interest can he have?

If it ends naturally: Reversion

If it ends on its own term and O waits patiently: possibility of reverter

If it interrupts A's estate: Right of entry

If there is no limitation in the conveyence what interest does the second grantee have?

If there is an added limitation and another grantee has the FI what are his options?

None

If it ends naturally: ramainder vested or contingent

ends on its own terms and he waits patiently determinable: Executory interest...auto

if it interrupts the prior estate Subject to executory limitations? executory interest... auto

Compare these 2 conveyences:

1. O to A for life; but if A divorces, then to O.

2. O to A for life or until A divorces, then to B.

1. O has a reversion(because A has a life estate) and in theory has a right of entry (because A has a LESCS). We always go with the biggest interest so we say that O has a reversion.

2. B has a remainder (because A only has a LE) and in theory also has an executory interest(because A's LE is determinable). Because the remainder is the larger of the 2 estates B has a remainder.

O to A for life, then to B for life, then to C.

A has a LE because there are no limitations so it will end naturally

the estate that follows one ending naturally for a grantee (B) is a remainder. And since there is no condition precedent and B is ascertained it is a vested remainder in a life estate.C also has a vested remainder because B's estate ends naturally without limitation and there is no condition precedent and C is ascertained. However C has a vested remainder in FSA.

O to A and his heirs, but if A divorces, then to B for life, then to O and his heirs.

A has a FSSEL, because the next interest is in a grantee and the limitation uses terms to express a condition.

The FI that follows a SEL is a executory limitation

So if B's EI becomes possessory it will be an EI in a LE.

The Grantors FI following a life estate with no added limitation thus ending naturally is a reversion

and if it becomes possessory then it will be a reversion in FSA

O to A and his heirs until B reaches 30, then to B; however, if B ceases to use the land for a church, then to C.

Here are the estates seperated:

A's estate: O to A and his heirs until B reaches 30,

B's estate: then to B;

C's estate: however, if B ceases to use the land for a church, then to C.

A has a FSD estate, because there is an added limitation with temporal words, and the next interest is in a Grantee.

The grantees B FI folowing a determinable estate is an executory interest. and if it becomes possessory it will be in fee simple

C is another grantee and must look to see if B has a limiton his fee simple. he does because he must use it for a church which expresses a condition and is outside of B's estate. so that changes B's estate to a fee simple subject to an executory limitation

and the FI that follows a FSSEL is an executory interest, and if it becomes possessory it will be in Fee simple Absolute.

A has FSDB has EI in FSSELC has an EI in FSA

O to A for Life, then to B for Life, then to C, but if C sells liquor on the property, then to D.

Here are the estates seperated:

A's estate:O to A for Life,B's estate:then to B for Life, C's estate:then to C,D's estate:but if C sells liquor on the property, then to D.

A has a LEB has a vested remainder in a life estateC has a vested remainder in fee simple subject to an executory limitaionD has an EI in FSA

Vested Remainder subject to divestment

this happens when a vested remainder is burdened by an executory interest that could prevent the vested remainder from becoming possessory.

aka: subject to divestment before becoming possessory.

you will be able to tell when this happens from the words in the conveyence.

Compare these conveyences:

1. O to A for life, then to B for life, then to C, but if C sells liquor on the property, then to D.

2. O to A for life, then to B for life, then to C, but if B sells liquor on the property, then to D.

1. A has a LE; B has a VR in LE; C has a VR in FSSEL; D has an EI.

2. A has a LE; B has VR in LE; C has a VRSD; D has an EI

3. A has a LE; B has a ?????????????????????

O to A for Life, then to B, but if B divorces, then to C.

Here are the estates broken out:

A's estate: O to A for Life,B's estate: then to B,C's estate:but if B divorces,then to C.

A has LEB has a VRSD IN Fee simple because he could divorce beofre a dies thus never becoming possessory.C has an executory interest in FSA

O to A for life, then to B, but if B fails to give A a proper funeral within 2 months of A's death, then to C.

A's estate: O to A for life,B's estate: then to B,C's estate: but if B fails to give A a proper funeral within 2 months of A's death, then to C.

first you must check to see if B's remainder is vested. he is ascertained and there is no condition precedent so it is.

Now is it subject to divestment before it becomes possessory?No, because the limitation of not giving A a proper burial could only happen after B takes possession of the land.

What is the key question to ask yourself when determining if a vested remainder is subject to divestment?

whether it could be divested before it becomes possessory, if so then it is subject to divestment.

How can a vested remainder be divested?

executory interest or right of entry by the grantor, either of which can prevent the remainder from becoming possessory.

O to A for life, then to B, but if B divorces, then to C.

Could C's EI divest B's estate before it becomes possessory?

A'S ESTATE: O to A for life,B's estate: then to B,C's estate: but if B divorces, then to C.

A has a LEB has a VR in FSSELC has an EI in FSA

Yes, because B might divorce before A dies. So B has a VRSD in FSSEL

O to A for life, then to B, but if B divorces, then to O.

Can O's right of entry divest B's estate before it becomes possessory?

A's estate: O to A for life,B's Estate: then to B,O's estate: but if B divorces, then to O.

1. Draw lines between the estates2. Underline the remainder you are interested in 3. Look in the underline words for a condition precedent. If there is then contingent if not then vested if ascertained.4. If the remainder is vested, look at the next estate. IF THERE IS A LIMITATION THAT COULD DIVEST THE REMAINDER BEFORE IT BECOMES POSSESSORY THEN ADD SUBJECT TO DIVESTMENT AFTER VESTED REMAINDER.

A class gift given where at least one of the remainder holders is ascertained then it is vested.

However, if that class could expand then the vested remainder is subject to open.

If the class can not expand is it is closed

What are the 2 types of executory interests?

Shifting: EI interest FOLLOWS an estate in a grantee

Example: O to A, but if A ceases using the land for a church then to B.

Springing: EI interest DIVESTS an estate in the grantor

O to A, provided that if A ever allows the timber to be cut, then to B.

Is it a Shifting or springing EI?

Whom might it divest?

What Will the FI be if it becomes possessory?

A has a Fee Simple Estate that is subject to an executory limitation, because the estate that follows A's is in another grantee. So we must look to see if the limitation is in A's estate (before the comma) or in B's (after)and if the limitation expresses a condition or if its temporal to establish if A's estate is determinable or Subject to executory limitation.

Since the the limitation is in B's estate and the term expresses a condition, A has a FSSEL.

The FI that follows a FSSEL is an EI, but we have to find out if it is a shifting or springing estate.

Since it would divest a grantee thus following A's estate B has a shifting EI

B will have shifting executory interest in a fee simple estate if it becomes possessory

O to A when he turns 21.

Is there a shifting or springing interest? Who has it?

Whom does A follow?

is there a divestment?

O has a possessory estate in FS

The next estate is in a grantee so you A's estate is either determinable, SEL, or a remainder.

It can not be a remainder because O has a FS which will not end naturally like a LE, TOY, FT. It can not be determinable because the limitation is in A's estate, so O's estate is Subject to Executory limitation.

And the FI that follows a SEL is an EI. Since A divests O, his interest is springing in Fee Simple Absolute.

O to A for Life, then to B 5 years after A's death.

What is the first estate?

Is the conveyence equal to the grantor's interest?

Is the next estate in the Grantor or Grantee?

Are there any gaps in the interests

A has a LE that will END NATURALLY, the next FI estate will go back to the Grantor for 5 years, so O has a reversionary interest in a FS for those 5 years.

However O does NOT have FSA because his estate will end in 5 years, and got to a grantee. So A has a REVERSIONARY INTEREST in FSSEL.

The FI that follows a SEL is an EI and since it divests the grantor it is a SPRINGING EI in FS. If it becomes possessory it will be Springing EI in FSA.

What is the Grantor's FI if the grantee is conveyed a LE, TOY, FT?

" " a FS?

" "a FS but there is an added limitation in the grantors's estate that might end the grantors FI?

" " a FS but the

the Grantor has a remainder if he conveyed a inherntly limited estate.

The Grantor either has a defeasible estate that is either Determinable or SEL. to figure which you have to look where the limitation is.

If it is in the grantors estate then the grantor has a FSD and the grantee has a EI

If it is in the grantee's estate then O has a FSSEL and the grantee has a EI

What is the Grantor's FI if the conveyence is less than his interest like a LE, FT, TOY which ends naturally?

What if the grantor's FI is cut short, by a limitation placed in another grantee's estate?

reversionary interest in FS

The Grantor would have a FSSEL and the second grantee would have a EI in FSA, because the limit is in the grantees estate.

If it was in the grantor's estate then he would have a reversionary interest in FSD and the grantee would have a EI in FSA

What types of estates must preceed a remainder interest when the FI is held by a second grantee?

What type of FI would the second Grantee have if the estate preceeding his was inherently limited that also had an added limitation?

Wh

A remainder must follow inherently limited estates like LE TOY and FT.

A inherently limited estate with an added limitation like a LED, LESEL in the preceeding estate is still called a reaminder because it is a bigger estate than an EI which he also has.

If he is unascertained or can not be specifically identified the remainder is contingent.

If there is a condition precedent in the second grantees estate or the preceeding estate, it is a contingent remainder.

Where is the condition precedent in this contingent remainder:

1. O to A for life, then to B if B survives A.

2. O to A and his heirs, but if A divorces, then to B for life, then to C and his heirs.

3. O to A for life, t

1. The condition precedent is inside the remainder. then to B if B survives A.

2. The condition precedent is in the prior estate. but if A divorces, then to B for life,

3. The condition precedent is implicit in the prior estate.

What is the FI of a grantee if it follows a FSD or FSSEL?

What is the FI of a second grantee whose estate follows another gratees estate?

What is the FI of a second grantee whose estate divests the grantor's intervening estate?

He has an EI

He has a shifting EI

He has a springing EI

What kind of Interest do the parties have:

1. O to A for as long as A lives on the property, then to B.

2. O to A, but if A ceases to live on the property, then to B.

3. O to A, but if B graduates from law school, then to

1. B has a EI in FSA following A's FSD estate.

2. B has an EI in FSA following A's FSSEL.

3. B has a shifting EI in FSA because his estate may end another grantees estate.

4. B has a springing EI because he could divests the grantor's unstated interest.

5. same as 4.

Is a contingent remainder subject to divestment if the divestment precluding it from becoming possessory is in placed in the estate after the remainder?

Is a vested remainder subject to divestment if the divestment precluding it from becoming

No, because Contingent remainders are not subject to divestment

Yes, if the condition COULD prevent the remainder from becoming possessory.

A vested remiander that might fail after it has become possessory is subject only to an Executory limitation.

Compare these Conveyences:

O to A for life, then to B, if B has reached 30, but if B has not reached 30, then to C.

O to A for LIFE, then to B, but if B has not reached 30, then to C.

O to A for life, then to B, but if B

1. A has a LE. B has a contingent remainder in FSA, becuase the condition precedent of him having to be 30 by the time A dies for it to be possessory.

2. A has a LE. B has a vested remainder because A's estate will end naturally, and is inherently limited. And he is ascertained and there is not a condition precedent in the terms of his remainder.

However, there is a condition in the following estate that could prevent B from possessing the land. So, his vested remainder in FS is subject to divestment by the executory limitation the grantor put on B's FI of A's possessory estate. B's estate is not absolute because of the added limitation.

3. A has a LE. B has a vested remainder in FSSEL because he will have to wait till A dies and there is terms of divestment to his remainder until after he possesses the farm. So B could put a strip joint on the place until he possesses it.

O to A for Life, then to B and his heirs.

we asume that O has a FSA has a LE B has to wait for A's estate to end naturally, and he is a grantee so he has a remiander and its vested.

Vested remiander in fee simple

O to A for Life, then to B for life, then to C and her heirs.

We assume that O has FSA has LEB is ascertained and there is no condition precedent, but he has to wait for A to die so he has a vested remainder in a LE.

C has a vested remainder in FSA.

O to A for life,then to B, but if B is not then living, to C.

O has FS

A has LE

B has a VR in FSSEL because the remainder cant fail until after he possess it.

C has EI in FSA.

O to A for life, then to B if B is then living.

O to A for life, then to B if B is then living, but if B is not then living, then to C.

A has LE

B has contingent remainder because the condition is within the remainder.

3. C's interest does not die with him cause it is absolute, so D has a vested remainder in FSA.

O to A for life, then to B, but if B ever divorces, then to C.

What do they have originally?

What happens if C dies?

Originally: A has PLE. B has VRSD in FSSEL. C has a shifting EI in FSA.

After C dies: C's contingent remainder would pass by devise through a will or by succession if he dies intestate.

O to A and his heirs, but if A divorces, then to B and his heirs.

1What do they have originally?

2What if A divorces?

3. What if A dies without divorcing?

1. A has possessory estate in FSSEL, B has an shifting EI in FSA.

2. B has a possessory estate in FSA

3. B aint got shit, and the interest passes to A's heirs or devisees.

O to A, but if A ever uses the land for a tavern, then to B.

1 What do they have originally?

2 What if A dies without using it as tavern?

1. A has a possessory estate in FSSEL because O put a limitation on A's interest that could terminate his estate early, and B has a shifting EI in FSA because executive interests are the FI a grantee recieves when his interest has an executory limits the estate preceeding his, and since the A is another grantee it is Shifting because B's interest may interupt 's estate before it becomes possessory.

O to A for life, then to A's first child if A graduated from law school.

Assume: A does not have any kids, and he has not graduated from law school.

What if A has a kid?

A has LE. Kid is unascertained and has a condition preceeding his interest, so it is a contingent remainder.

Still contingent cause he has not graduated yet. Have to have both to vest.

O to A and his heirs.

What does have under common law and now?

Under common law he has a FT and can only convey for his life then it goes to his issue regardless of wills or sale.

Now A can disentail it converting it to a FSA.

Can a FT holder disentail through his will or succession?

Can the FT holder disentail the interest to give himself a FSA?

Can the FT holder disentail it by gifting it to himself through causa mortis?

Under common Law he could not disentail, now he can by conveying it as a FS. THIS CAN ONLY BE DONE WHILE THE GRANTOR IS ALIVE.

The FT holder can convey the FT to a straw man as a FS and the strawman can convey it back to him as a FSA.

under modern law if you have a FT you can disentail by gifting it to yourself through inter vivos gifting.

Can a Grantor convey his reversionary interest to a grantee?

what does the grantee have?

Can a Grantee reconvey a contingent or vested remainder to the original Grantor?

what does the grantor have?

1. Yes2. The Grantee has a reversion that is vested.3. Yes.4. The Grantor would have a remainder and it would stay contingent or vested unless something changes.

Compare the FI after possession changes:

O to A for life, then to B for life, then to C.

If A dies what do they have?

O to A for life, then to B for life, but if B ever divorces, then to C.

What if A dies and

Originally: A has possessory LE. B has R in LE. and C has R in FSA.

A dies: B has possessory LE. and C has R in FSA.

2. Originally: A has PLE, B has a VRSD in a LESEL and C has shifting EI in FSA and O has reversionary innterest in FSA.

A dies and B does not divorce: A ends. B has PLESEL, C has EI in FSA, and O has reversion in FSA

Can I merge my possessory or vested LE with the FS interest conveyed to me that directly preceeds my interest?

What if happens if there is a contingent remainder between the two concurrent interests conveyed in the same document?

Yes,

The contingent remainder would be remain, however if the conveyence of concurrent estates into the hands of one person are in different documents the contingent remainder is destroyed.

O to A for Life, then to B.

What if A conveys his interest to B?

What will B have?

What if B conveyed his to A?

Originally: A has a PLE, and B has vested remainder in FSA.

A gives to B: B would have a PFSA, because there is not a vested estate between his VR in FSA and his possessory LE for the life of A so they would merge to become a PFSA.

B gives to A: same thing. A has PFSA

O to A for life, then to B for life, then to C.

What if A conveys his interest to C?

Can C merge his interests?

So what is the result of this?

Originally: A has PLE,B has VRIN LE, and C has VR in FSA.

A gives to C: C has PLE for the life of A and a VR in FSA, and B has VR in LE.

C can not merge them because B's vested interest is in between them.

C has a PLE for the life of A and a VR in FSA, and B has a VR in LE.

O to A for life, then to B for life if B has reached 21, then to C.

Assume B is not 21 yet.

What if A conveys to C?

Originally: A has PLE, B has a contingent remainder in LE, and C has VR IN FSA.

A sells C: C has a PLE FOR THE LIFE OF A and VR in FSA, B has contingent remainder in LE, however B's contingent interest is destroyed becuause the conveyence was not in the same document and its contingent.

C has PFSA

Does the Doctrine of mergers make land more or less Alienable?

Can splintered interests ever be as alienable?

more

Yes, but they would all have to agree on the price and everything else.

O to A for life, then to B if B reaches 35.

What if A dies and B is not 35 under common law and under modern law?

What is the policy under both of these laws

The Common Law court would apply the Doctrine of Destruction oof Contingent Remainders: A contingent remainder is destroyed if it is still contingent when the prior estate ends.

This would destroy B's interest and O would get the land in FSA.

Under Modern Law: if a remainder is still contingent when the prior estate ends then seisen reverts to O, giving him a VRSD in LE, that may end if the condition is met which would divest O's interest AND B has PFSA.

O to A for life, then to B if B reaches 35.

What happens under Common law and Modern Law if:

1.B is 14 when A dies?

2. After A dies, B dies at 29?

3. If B is 35 when A dies?

Under Common Law of Destruction of CR:

1. B's remainder is destroyed and O has PFSA2. same as 1.3. B has PFSA.

Under Modern Law:1. Seisen reverts to O until B reaches 35 or dies. O has PFSSEL, and B has Springing EI in FSA, until B turns 35 then he would have PFSA.

2. O would have PFSA3. B HAS PFSA

Differences and Similarities between

Doctrine of Merger and Destructibility ANDShelly's rule, Doc of Worthier Title, and RAP.

Similiarities: They all try to promote the alienability of land.

Difference: Merger and Destruction apply after the conveyence, whereas the other apply at the time of the conveyence.